The new legislative session has already begun with new and renewed anti-property owner bills starting in the Joint Committee on Housing. Let’s not allow these bills to go further!!
Your prompt help is necessary to communicate your opposition to these Bills by February 1! “Find My Legislator”
IMPORTANT DETAILS:
Below is a brief explanation of how these bills will impact your most valuable asset and family legacy as well as the market. Please note that Mayor Ballantyne supports ALL of these bills!
1. IMPACT OF RENT CONTROL- The Greater Boston Real Estate Board (GBREB) has already spent time, money, and research on these bills. The home page of the GBREB website gives information and a very important file. This report is for the entire state of Massachusetts. There is another report on the GBREB site that is for only Boston. The report was done by professionals at the NAR with the assistance of others as stated on the bottom of the second page. Why should someone who doesn't own rental property be concerned about rent control? If a property is under rent control, their assessed value must account for this restriction. And, therefore, there will be a decline in assessed values in rent-controlled properties resulting in the owner-occupied homes making up for the difference in lost revenues. Simple math. Where are they going to make up for the lost tax revenues? And this is another office and staff in the city to pay for along with the monitoring of each controlled property.
2. Bill S.889 - Rent Stabilization and Evictions: This is Rent Control using different words. This bill is only 4 pages long and simple to read. It is an amendment to change an existing law.
3. Bill H.1378 - To Remove the Prohibition of Rent Control: This is to reverse the law that was voted in by a general election in the state in 1997. A bill to reverse a law voted in by the people of the Commonwealth.
4. Bill H.4208 - Tenants' Right of First Refusal: This document is only 8 pages long with the definition of whom the parties are and the actual process starting on the last line of page 3. This proposal is only for Somerville but will be used as a 'blueprint' for future cities and towns to enact similar laws. We know the importance of timing in the market, the time sensitivity of contracts, and the speed by which the market changes. Also, the right to purchase can be passed onto the city to make the property affordable housing. Again, another property that will be assessed differently than an unrestricted property and with a permanent restriction on the deed.
The first page of each bill lists the State Representatives and State Senators who are in committees that are reviewing the bills and making their recommendations. These are the individuals, especially those in the Housing Committee, that we need to contact: email, phone, letter or show up at their office to tell them how you feel about these bills. Sen. Jehlen is the Senate Vice Chair of this Committee.
And don't forget to contact your State Senator and State Representative. “Find My Legislator”
Let’s hold our representatives accountable to find more equitable ways to support affordable housing rather than burdening the small property owners!
Sincerely,
SPOC Board of Directors
Please support our ongoing legal batle to overturn the Condominium Conversion Ordinance and ask for your support through GoFundMe or by mailing your donation directly to us. Thank you!
** PLEASE FORWARD TO ALL YOUR FELLOW PROPERTY OWNERS **
Dear Members!
Thanks to all of your calls and emails to the Governor, landlords remain in control of selling their property to the open market and not be compelled to provide a tenant right of first refusal! Interestingly, Somerville's City Council was going to pass the tenant right to purchase provision just last night and entitled "establishing a tenant opportunity to purchase".
This is a reminder of how the City Council continues to work against and not with the residents by preparing to pass such an onerous and unfair ordinance without proper public commentary. We must now, more than ever, be vigilant in responding to the City Council's overreach affecting private property rights.
We must also graciously thank the Small Property Owners Association (SPOA) for spearheading efforts to persuade the Governor in vetoing Section 83. Their membership and collaboration has been instrumental in this success!
We are inspired by the call to action by our members and others in our state who have recognized this attempt as a concerning move by our legislators.
Thank you to all who helped in this effort!
Sincerely,
Board of Directors
If you find our alerts and information beneficial, we gratefully ask for your support through GoFundMe or by mailing your donation directly to us. Thank you!
** PLEASE FORWARD TO ALL YOUR FELLOW LANDLORDS **
Bill H.5250, "An Act Enabling Partnerships for Growth" was enacted at 4 a.m. on Wednesday and sent to the Governor’s office for signing. Included in the bill is Section 83 - "Tenant Right to Purchase" (aka Right of First Refusal) which would be extremely damaging to the rights and protections of landlord property owners.
Section 83 was NOT expected to remain in the final version of H.5250, but it was included when the bill came out of the Conference Committee. However, the Governor still has the ability to VETO this section!
The Governor appears to overall favor the bill but could be persuaded to remove Section 83 through a VETO if he hears from enough constituents over the next few days.
Section 83 unveils a troubling overreach by the state in support of a tenant’s right to purchase:
Why Section 83 MUST be vetoed:
THE GOVENOR NEEDS TO HEAR OUR VOICES!
Please call or email the Governor's office ASAP and ask him to VETO Section 83 "Tenant Right to Purchase" of the H.5250 “Act Enabling Partnerships for Growth”.
To contact Governor Charlie Baker:
By phone: Governor's phone number: 617-725-4005
AND
By email: constituent.services@state.ma.us (click on email)
Thank you for lending your voice to this crucially important issue.
Sincerely,
Board of Directors
If you find our alerts and information beneficial, we gratefully ask for your support through GoFundMe or by mailing your donation directly to us. Thank you!
* PLEASE FORWARD TO ALL YOUR NEIGHBORS AND FRIENDS *
Are you, your tenants or someone you know in need of funds to pay their mortgage or rent? Are you struggling to meet critical housing expenses as a result of the Covid-19 pandemic?
The City has created a program for income-eligible residents called the FLEX-CV Program where you can find more details on eligibility requirements. You can also call the City directly for application assistance at (617) 625-6600, ext. 2581.
These monies are available only until December 30, 2020, so apply as soon as you can!
COVID-19 Eviction Diversion Initiative
"The Baker-Polito Administration announced a comprehensive set of resources to support tenants and landlords during the financial challenges caused by the pandemic. The goal of this initiative is to keep tenants safely in their homes and to support the ongoing expenses of landlords once the pause of evictions and foreclosures expire on Saturday, October 17th." (read more at Mass.gov)
Please read the entire COVID-19 Eviction Diversion Initiative thoroughly. The CDC Eviction Moratorium, however, is still in place until December 31, 2020 and will then kick in when the states moratorium ends. There are further tenant qualifications under the CDC Eviction Moratorium.
We are glad to bring you this information and will keep you apprised of further news impacting our members.
Governor Baker extends eviction moratorium until October 17, however...
... HD.5166 IS STILL ACTIVE AND COULD EXTEND THE MORATORIUM FOR ANOTHER 12 MONTHS UNLESS IT IS STOPPED! HOW MANY HOUSING PROVIDERS CAN SURVIVE WITH NO RENTAL INCOME FOR MORE THAN A YEAR??
THIS IS A LOSE - LOSE SITUATION!
THIS WILL PUT EVERYONE ON THE STREETS!
This emergency legislation (HD.5166) is now with the Joint Committee on Housing to allow the Tenant Eviction Moratorium to be extended for another year. Yes, basically no rent from your tenants, no ability to evict, and absolutely no end in sight!
HD.5166
An Act to Guarantee Housing Stability
During the COVID-19 Emergency and Recovery
Main points:
If it passes:
Why this Bill? Why now?
Will you add your voice to OPPOSE HD.5166?
PLEASE contact the Governor and members of the Joint Committee on Housing to OPPOSE this bill (cut/paste all into your email):
Constituent.services@state.ma.us
Brendan.Crighton@masenate.gov
Susan.Moran@masenate.gov
Joseph.Boncore@masenate.gov
Harriette.Chandler@masenate.gov
John.Keenan@masenate.gov
Patrick.OConnor@masenate.gov
Kevin.Honan@mahouse.gov
Joseph.McGonagle@mahouse.gov
Joseph.McGonagle@mahouse.gov
Christine.Barber@mahouse.gov
Jose.Tosado@mahouse.gov
Peter.Capano@mahouse.gov
Chris.Hendricks@mahouse.gov
Patrick.Kearney@mahouse.gov
Tram.Nguyen@mahouse.gov
David.DeCoste@mahouse.gov
William.Crocker@mahouse.gov
Find your town’s state legislator and add to your email:
https://malegislature.gov/Search/FindMyLegislator
Please respectfully share the impact of how this emergency moratorium and the pending legislation is affecting you, your family, your livelihood and your future stability.
* Please share with other property owners! *
Emergency legislation is now up for review in the Housing Committee on Rules to allow the Tenant Eviction Moratorium to be extended for another year. Yes, basically no rent from your tenants, no ability to evict, and absolutely no end in sight!
HD.5166
An Act to Guarantee Housing Stability
During the COVID-19 Emergency and Recovery
Main points:
If it passes:
Why this Bill? Why now?
If the emergency is extended without the need to pass HD.5166, this will allow more time to create equitable solutions which protect both tenants (especially the most vulnerable) and housing providers (small mom and pop businesses)
Will you add your voice to OPPOSE HD.5166?
PLEASE contact the Governor and members of the House Committee on Rules (cut/paste all into your email):
Constituent.services@state.ma.us
William.Galvin@mahouse.gov
Daniel.Hunt@mahouse.gov
Louis.Kafka@mahouse.gov
Joseph.Wagner@mahouse.gov
Ronald.Mariano@mahouse.gov
Paul.Donato@mahouse.gov
Patricia.Haddad@mahouse.gov
Alice.Peisch@mahouse.gov
Michael.Moran@mahouse.gov
Sarah.Peake@mahouse.gov
Ann-Margaret.Ferrante@mahouse.gov
Kimberly.Ferguson@mahouse.gov
David.Vieira@mahouse.gov
Donald.Wong@mahouse.gov
Find your town’s state legislator and add to your email:
https://malegislature.gov/Search/FindMyLegislator
Please respectfully share the impact of how this bill will affect you, your family, your livelihood and future means of support.
* Please share this information with other property owners! *
As we continue to send positive wishes that everyone is doing well, we are following up on outstanding legislation working its way through the state legislature.
HAVE YOU CONTACTED YOUR LEGISLATOR ABOUT OPPOSING THESE BILLS?
RIGHT TO PURCHASE
H. 4517, “An Act authorizing the city of Somerville to enact right to purchase legislation.” https://malegislature.gov/Bills/191/H4517
Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling
RENT CONTROL (2 bills)
H. 1316, “An Act relative to the stabilization of rents in towns and cities facing distress in the housing market." https://malegislature.gov/Bills/191/H1316
Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling
H. 3924, “An Act enabling local options for tenant protections.” https://malegislature.gov/Bills/191/H3924
Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling
REVENUE THROUGH REAL ESTATE TRANSFER "TAXES"
H. 2423, “An Act authorizing the city of Somerville to impose a real estate transfer fee."
https://malegislature.gov/Bills/191/H2423
Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling
H. 3888, “An Act implementing progressive options for raising new revenue.”
https://malegislature.gov/Bills/191/H3888
Bill status pending.
PLEASE CONTACT YOUR STATE REPRESENTATIVE, SENATOR AND
THE GOVERNOR STATING YOU “OPPOSE” THESE BILLS.
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SAMPLE EMAIL FOR EACH BILL:
Subject: OPPOSE H.________
TO: (CUT & PASTE all email addresses below to the Governor’s Office and House Committee on Steering, Policy and Scheduling):
Constituent.services@state.ma.us;
Thomas.Petrolati@mahouse.gov;
Daniel.Donahue@mahouse.gov;
Michelle.Dubois@mahouse.gov;
Mike.Connolly@mahouse.gov;
James.Hawkins@mahouse.gov;
Patrick.Kearney@mahouse.gov;
Christina.Minicucci@mahouse.gov;
Lindsay.Sabadosa@mahouse.gov;
Jon.Santiago@mahouse.gov;
Brad.Hill@mahouse.gov;
Susan.Gifford@mahouse.gov
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PLEASE include your town’s state legislators on all emails:
https://malegislature.gov/Search/FindMyLegislator
Please respectfully share the impact of how these bills will affect you, your family, your livelihood and future means of support.
As we send hope and well wishes that everyone is doing okay, we want to bring your attention to important legislation that is moving quickly through the State House.
While we are being asked to stay home and protect our health and the health of our community, the state legislature is actively working against property owners using the quarantine to pass legislation that will take away your property rights.
We have previously alerted our members of pending bills, two of which, as of Friday, are now at the House Ways and Means Committee for consideration. Please re-familiarize yourselves with these two bills and use the list below to contact your representative:
H. 1316 - An Act relative to the stabilization of rents in towns and cities facing distress in the housing market. https://malegislature.gov/Bills/191/H1316
H. 3924 - An Act enabling local options for tenant protections. https://malegislature.gov/Bills/191/H3924
Mentioned in the local news:
https://somerville.wickedlocal.com/news/20200529/housing-committee-votes-big-for-rent-control-bills/1
It is highly regrettable that at a time when every single resident of the Commonwealth is challenged by the COVID-19 economic crisis, our legislators are pushing bills that are unfair, unbalanced and take away property owners’ fundamental right to control the use and sale of their private property.
WE NEED YOUR VOICE TO HALT PASSING OF THESE BILLS AT THE STATE LEVEL!
Please contact your local state representative, senator, and the governor ASAP to express your concerns about these bills.
We would also like to inform you that two property owners have filed suit against the Commonwealth’s moratorium on evictions. We are including a link for you to review the filing. http://massrealestatelawblog.com/2020/05/29/constitutional-challenge-to-covid-19-eviction-moratorium-act-filed-with-sjc/
Please make your voice heard.
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ADDRESS YOUR EMAIL OF CONCERNS AS FOLLOWS:
Subject: OPPOSE H.1316 & H.3924
TO (cut and paste all emails below to the Governor’s Office and House Members of the Ways and Means Committee):
Constituent.services@state.ma.us;
Aaron.M.Michlewitz@mahouse.gov;
Denise.Garlick@mahouse.gov;
Liz.Malia@mahouse.gov;
Thomas.Walsh@mahouse.gov;
Thomas.Stanley@mahouse.gov;
James.Arciero@mahouse.gov;
Brian.Ashe@mahouse.gov;
Sean.Garballey@mahouse.gov;
Carolyn.Dykema@mahouse.gov;
Russell.Holmes@mahouse.gov;
Paul.Schmid@mahouse.gov;
Josh.Cutler@mahouse.gov;
Carole.Fiola@mahouse.gov;
Mary.Keefe@mahouse.gov;
Jay.Livingstone@mahouse.gov;
Alan.Silvia@mahouse.gov;
Daniel.Hunt@mahouse.gov;
Christine.Barber@mahouse.gov;
Carlos.Gonzalez@mahouse.gov;
Jose.Tosado@mahouse.gov;
Gerard.Cassidy@mahouse.gov;
john.barrett@mahouse.gov;
Natalie.Higgins@mahouse.gov;
Brian.Murray@mahouse.gov;
Chynah.Tyler@mahouse.gov;
Bud.Williams@mahouse.gov;
andy.vargas@mahouse.gov;
Todd.Smola@mahouse.gov;
Angelo.D'Emilia@mahouse.gov;
Donald.Berthiaume@mahouse.gov;
Hannah.Kane@mahouse.gov;
james.kelcourse@mahouse.gov;
David.Muradian@mahouse.gov;
Timothy.Whelan@mahouse.gov
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You should also communicate your concerns directly with your town’s legislators:
https://malegislature.gov/Search/FindMyLegislator
Please respectfully share the impact of how these bills will affect you, your family, your livelihood and future means of support. We are all in this together.
Stay well,
Board of Directors
Somerville Property Owners Coalition
Email: somervillepropertyowners@gmail.com
Website: somervillepropertyownerscoalition.com
Dear SPOC Members,
We first want to share or hope that everyone is doing well and staying safe during the COVID-19 situation. We have been watching how our community has been impacted by this pandemic and the resulting economic and social shutdown that has followed. In light of all that has been happening, we wanted to contribute in some way to ease some burdens by providing resources that may help you navigate life in these uncertain times.
We are therefore sharing some resources that may be helpful under our current challenging conditions. This list is by no means exhaustive, and you may already be aware of some of these resources, but we wanted to share this widely to help fill in some blanks and guide you to helpful information:
Federal Links:
Suspension of Foreclosures and Evictions - U.S. Dept. of Housing and Urban Development
https://www.hud.gov/press/press_releases_media_advisories/HUD_No_20_042
Coronavirus Stimulus Payment - U.S. Dept. of the Treasury
(https://www.irs.gov/coronavirus/get-my-payment)
Please visit this website to find out about qualifications and application for federal stimulus payment for individuals.
Paycheck Protection Program (https://home.treasury.gov/system/files/136/PPP--Fact-Sheet.pdf)
Please visit this website to find out about qualifications and application for federal stimulus payment for small businesses and contract workers.
Government relief services
Benefits.gov
State Links
Bill H.4647 - Moratorium on evictions and foreclosures during the COVID-19 emergency
MACovid19ReliefFund.org Massachusetts covid 19 relief fund
City Links
City of Somerville (https://www.somervillema.gov/)
The home page of the City’s website provides updated news on how the pandemic is affecting our community. Although City offices are closed, the 3-1-1 hotline is still available should you have questions about the City’s limited services.
City of Somerville's COVID-19 main page:
https://www.somervillema.gov/departments/programs/novel-coronavirus-information
City and State COVID-19 orders for your reference, including the City’s March 27, 2020 “Emergency Order Establishing a Moratorium on Eviction Enforcement:
https://www.somervillema.gov/departments/city-and-state-orders-related-novel-coronavirus.
If your tenants need help with paying rent, they should reach out to the city to see what assistance they can offer or State funds they may be eligible for. They can do so at:
https://www.somervillema.gov/coronavirushelp/food-housing-financial-assistance.
Property owners can also see what help might be available to them through the same link: https://www.somervillema.gov/coronavirushelp/food-housing-financial-assistance
Somerville/Cambridge Elder Services - 617-628-2601
https://eldercare.org
Banks/Mortgage Companies
Many local Somerville banks such as Middlesex Federal Savings, Rockland Trust, and Winter Hill Bank, along with other local, statewide, and national banks, credit unions and mortgage companies are offering property owners mortgage deferment programs. While they all have differing eligibility criteria, they are all based on demonstrated financial need. If you are unable to pay your mortgage due to loss of income, either from your employer or primary source of income, or due to tenants unable to pay rents, we encourage your reach out to whomever holds your mortgage to see what options might be available to you.
Food Resources
Children under the age of 18 (breakfast and lunches no ID required)
When: Monday through Friday, 9:00-11:00 AM
Where: West Somerville Neighborhood School basketball court, Winter Hill Community Innovation School Medford Street entrance, East Somerville Community School side parking lot, Healey School (starting Monday, 3/23).
Project Soup
Where: 165 Broadway, Somerville, MA 02145 (617) 776-7687 (SOMERVILLE RESIDENTS WITH ID ONLY)
Time: Tuesday, 12:00 PM – 4:00 PM, Wednesday & Friday, 9:00 AM – 3:00 PM
Mission Church Shepherd’s Kitchen Food Pantry
Where: 130 Highland Ave, Trull Lane side. 617-628-5260.
Bring your own bags.
1st Saturday of the month, 10:30 AM – 12:15 PM
Missionary Church of the Haitian Community
Where: 100 Temple Street, Somerville. 617-764-2340
Alternating Fridays, 5:00 – 6:00 PM
By appointment call Jean-Samuel: 617-285-5106
Brown Bag Program, Arts at the Armory,
Where: 191 Highland Ave., Somerville. The Somerville-Cambridge Elder services along with the Greater Boston Food Bank provides older people and younger people with disabilities living in senior housing free groceries. Call 617-628-2601 to register
Time: 2nd Tuesday of the month, 10 AM – 12 PM
Food 4 All
Where: 59 Cross St., Somerville, MA. 617-776-7515. Residents in the cities of Somerville, Medford, and Cambridge with proof of address (license, utility bill, pay stub). New clients must register on-site with the food pantry coordinator and are allowed to shop at the pantry once per month. First come, first serve basis.
Time: Monday 12 PM – 7 PM, Tuesday 9 AM – 12 PM
Mental Health Resources
Call 911 if you or someone you know is in immediate danger or go to the nearest emergency room
National Center on Domestic Violence, Trauma & Mental Health
1-312-726-7020 ext. 2011
www.nationalcenterdvtraumamh.org
Crisis Text Line
Text “HELLO” to 741741
The Crisis Text hotline is available 24 hours a day, seven days a week throughout the U.S. The Crisis Text Line serves anyone.
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We hope this information has been helpful. If you are aware of any other resources or tips we should pass along to our members, please let us know.
Stay Well,
The Board of Directors
Somerville Property Owners Coalition
Right of First Refusal on the Sale of ALL Non-Owner Occupied Properties: House Bills 1256, 1260, 1303; Senate Bills 786, 801. If passed, the tenant & city rights of first refusal will delay your ability to sell your investment multifamily, condo or single family property on the open market.
Real Estate Transfer Fee/Tax: Senate Bill 773. Has already been opposed by Somerville residents, but a City Council Home Rule Petition is “waiting in the wings” for state approval. This bill will allow Somerville to impose a fee of 0.50% - 2.0% at the sale or transfer of your property, without consideration of additional capital gains and other taxes already due at every sale.
Comment period for the following legislation has been pushed to 3/31/2020:
Rent Control/Stabilization: House Bills 3924 & 1316 would repeal the Massachusetts Rent Control Prohibition Act of 1994, and allow cities and towns, including Somerville, to impose any type of rent controls they deem “fair”. This will adversely impact property values and the desire to reside in Somerville.
We understand through experience that phone calls tend to carry more weight than emails, so we are providing some talking points to help (but add your own, too!):
1. Rent Control: Why are you imposing yet another private property restriction by telling me how much I can charge my tenants? Why are some property owners being made to subsidize housing costs when this is a community-wide, if not also a national economic, concern? Why aren't you helping those who cannot afford to live in one city, transition into another in which they can afford and even save for a home of their own? Why are you ignoring the statistics that this hurts the tenants when the rules are abused?
2. Tenant Right of First Refusal: Why are you limiting my hard earned property equity by giving a portion of it to a tenant? Why can’t I offer my property to the highest bidder in order to reap the benefits of my sweat equity, years of city tax contributions and housing tenants over the years? Taking control of someone’s private property is fundamentally unconstitutional! Why aren’t you allowing more units to be built to help our lower income neighbors instead of taking money out of property owners’ pockets?
3. Real Estate Transfer Tax: My property taxes have been rising increasingly due to higher property values, and the added Community Preservation Act (CPA) funds are growing!! Why hit the small property owners instead of large contractors or speculating flippers who don’t even live or pay taxes here? It’s the same property sale whether I live there or not, so why this added tax burden when I need every penny to survive on when I sell?
Thank you for adding your voice!
SOMERVILLE STATE REPS:
617-722-1578
Denise.Provost@mahouse.gov
617-722-2263 x2
MEMBERS of the JOINT COMMITTEE ON HOUSING:
Christine.Barber@mahouse.gov
Alan.Silvia@mahouse.gov
Joseph.McGonagle@mahouse.gov
Brendan.Crighton@masenate.gov
Julian.Cyr@masenate.gov
William.Crocker@mahouse.gov
Joseph.Boncore@masenate.gov
Harriette.Chandler@masenate.gov
John.Keenan@masenate.gov
Patrick.OConnor@masenate.gov
Kevin.Honan@mahouse.gov
Jose.Tosado@mahouse.gov
Peter.Capano@mahouse.gov
Chris.Hendricks@mahouse.gov
Patrick.Kearney@mahouse.gov
Tram.Nguyen@mahouse.gov
David.DeCoste@mahouse.gov
The Commonwealth's Joint Committee on Housing will be holding a hearing on proposed landlord/tenant legislation on Tuesday, January 14, 2020, from 10:30 a.m. - 3:00 p.m. at the Statehouse's Gardner Auditorium.
The Small Property Owners Association (SPOA), another amazing group supporting property owners, is sharing the below comments to the 12 bills being heard on Tuesday (on rent control, tenant right of first refusal, R.E. transfer tax and much, much MORE).
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SPOA's Comments on the Bills and Topics:
Rent control: OPPOSE (HB3924, HB1316)
These bills overturn SPOA's 1994 victory outlawing rent control in Massachusetts. BAD, BAD, BAD. The first bill would allow any Mass. city or town to adopt rent control, with almost no restrictions. They could freeze rents, roll them back to rents in past years, deny all increases for repairs and capital improvements -- anything they want. Not even a requirement to give landlords a "fair operating income." It is recklessly drafted.
We oppose all forms of rent control because of its widely-known negative impacts:
(1) It gentrifies by kicking out the poor and families. After 25 years of rent control, only 6% of rent-controlled tenants qualified as low- or moderate income, elderly, or disabled for two extra years of rent control.
(2) The housing steadily deteriorates badly.
(3) Because low rents cause lack of repairs and improvements,
(4) It stops all new rental housing construction. More units need to be added, as the only way to bring rents down. As economists say: high rents are caused by lack of supply.
(5) With no new units and no improvements, it harms the construction industry.
(5) Two MIT studies showed that rental housing in Cambridge lost $1.8 billion in assessed valuation because rent control devalues housing, and that rent control in Cambridge brought crime with it.
(6) Rent control is not a housing policy, it is a power grab to motivate tenants to vote for pro-rent-control lawmakers to press for lower and lower rents -- damn the housing.
(7) For this reason, "mild" versions of rent control always get stricter. San Francisco's rent control started 40 years ago at 7% annual rent increase cap. After more than 125 amendments, the annual rent increase cap is now 60% of the Consumer Price Index of inflation.
Impose deed-restricted "affordable" rents on newly renovated units to make them permanently "affordable" in order to get a variance OPPOSE (HB3925)
This bill is really AWFUL and a version of rent control. Any city or town could require that all newly renovated units that may need a variance be subject to "affordability" restrictions, in other words, rents limited to 30% of renter household income.
The impacts: NO ONE will renovate and do a high-cost project like this, only to be put under rent control. It defeats its goal, and many renovations will be done without a permit. Moreover, no one will rent to lower-income tenants whose rents will be severely restricted. All "affordability" restrictions are just like rent control: they stop any new rental housing from being created.
Late Fees: SUPPORT (HB1254)
Would allow landlords to charge late fees after 10 days instead of present 30 days. We definitely need this.
Protect elderly tenants: SUPPORT AND OPPOSE (HB1255)
This bill proposes a voucher program to help needy elderly pay rent. We would support a voucher program for all lower-income tenants, not just the elderly. But this bill would also impose a delay on all "no fault" evictions, which we OPPOSE. Landlords often have a good reason to evict someone, but do a "no-fault" eviction, which avoids the costly court costs of a "tenant-fault" eviction and helps the tenant not have a bad public record on evictions. We also OPPOSE another provision that would require nonprofit organizations to pay 75% of would-be property taxes to fund this elderly voucher program. Such a payment demand on nonprofits will reduce their programs. All taxpayers should pay for such a fund.
Tenant right to purchase: OPPOSE in all forms (HB1256, HB1260, HB1303, SB786, SB801)
Several bills would allow tenants to get a first chance to buy any property when it is up for sale. This right (also called "right of first refusal") will seldom be exercised, but will slow down sales for up to half a year or even a year while tenants decide and get financing. In Washington DC, which has this right, lawyers go around looking for "for sale" signs and get the tenants to demand $$$ payoffs to give up their right so the owner can sell quickly. Sometimes, landlords need to sell quickly to cover medical or other high expenses, to retire after incapacity, etc.
Rent escrow: SUPPORT (HB1259)
Rent escrowing would stop the "free rent trick," in which nonpaying tenants claim "rent withholding" under state law, get code violations cited, and then block repairs, undo repairs, and damage their units to keep code violations alive, which blocks their eviction -- a vicious attack on landlords, on lower-income housing mostly. And who pays? The other good-paying tenants whose own needed repairs will be put off and who will get rent increases to pay for the lost rental income and high repair costs caused by the "free rent trick." This bill would require tenants who claim they are "withholding rent" (rather than just not paying rent) to escrow the withheld rent to prove they are making a bonafide demand for neglected repairs, not just to live rent-free longer at a serious cost to the housing and to other good-paying tenants who will get rent increases to cover the owner's increased losses. The bill under discussion is NOT as good as the bill language that SPOA and legal services lawyers agreed on during negotiations in 2016 and 2017 facilitated by the late Rep Chris Walsh.
Rent arrearage program: SUPPORT (HB1264)
Instead of the damaging "free rent trick," a bill would establish a small loan or grant program for low- and very-low-income tenants not able to pay rent. This approach is the far better way to go.
Emergency supplemental funding for "affordable housing": OPPOSE (HB3878)
So-called "affordable housing" is entirely tax-funded and costs $1 million per unit to build it and subsidize the rent for 30 years. At this cost, they need lots of tax money to build it (this bill would authorize $1 BILLION in state financial assistance for it), but only a tiny quantity can ever be built, never enough to increase supply sufficiently to lower rents broadly, and only a few households get this huge tax-paid benefit. VERY WRONG, VERY UNFAIR. SPOA opposes "affordable housing" as the wrong way to go.
The only effective way to lower rents is to increase the supply of rental housing (as economists keep telling us). In other words, allow the private rental housing market to create substantially more new units to help lower rents broadly. Specifically, SPOA proposes that private owners be allowed to convert one large unit into two smaller ones within EXISTING housing, which will have "naturally lower" rents because the units will be smaller and will not have luxury amenities. Today's households are much smaller than households long ago when most of today's rental housing was first built. The best and easiest way for today's households to lower rents is to move into a smaller unit -- if such units are made much more widely available.
Security deposits & last month's rent MAINLY OPPOSE (HB1252)
The only good things in this bill are repealing the 5% interest payment on security deposits and last month's rents (interest would be actual interest earned) and repealing the requirement to give tenants receipts for deposits. BUT, it requires landlords to give tenants notice of accumulated interest with 30 days of a request. Failure to respond to a request causes forfeiture of the deposits, must give them back. Easily abused, tenants could ask repeatedly for notice of accumulated interest just to harass a landlord and/or to trap the landlord into refunding the money. This bill gives no realistic benefit to tenants. A year-end or end of tenancy notice or payment of accumulated interest should be sufficient.
Make landlords keep rents low even when subsidies end, for up to 5 years OPPOSE (HB1306)
The chief problem with this bill is that it will make landlords refuse to take subsidized tenants because it traps them in low rents. There should be no such restrictions at all. This bill violates Chapter 40P, the "Massachusetts Rent Control Prohibition Act," which resulted from SPOA's 1994 victory ending all rent control in Massachusetts.
Requires landlords to include any "no smoking" rule in every lease; failure costs 3 months rent to tenant OPPOSE (SB2299)
Many tenancies are "tenancies at will" without a written agreement. Does this bill therefore require written agreements for all tenancies? Very technical requirements like this one will be, unknowingly and without malice, violated and will cost many landlords, especially in lower-income neighborhoods, a huge sum: 3 months' rent. And tenants often do not read leases, so often nothing is gained. Posting a "no smoking" sign should be sufficient.
Would allow Somerville to divert "affordable housing" funds to other "tenant services," including hiring legal services lawyers (free lawyers for tenants) OPPOSE (SB2421)
We do not support costly, tax-funded "affordable housing," but to allow a city to divert funds to any "tenant service" it wants is a clever way to avoid the State Legislature, which has sole authority over landlord-tenant law. Letting Somerville do such a diversion of funds will set a precedent for all other communities. If "affordable housing" is really so important, why is Somerville asking for this? Any decision on "affordable housing" and its funding also needs to happen at the State Legislature.
State Senator Patricia Jehlen (sponsored 2 of these bills!)
Call 617-722-1578
State Rep. Denise Provost (sponsored 1 of these bills!)
Call 617-722-2263
Governor Charlie Baker Call 617-725-4005